Charan Singh vs State of U.P. and Others

B.A. Zaidi, J.—Sessions Trial No. 665 of 2006, State v. Devendra and Ors., under Sections 307, 302 and 506, I.P.C. Police Station Sarurepur District Meerut is pending before Sri Arun Kumar Tripathi, Additional Sessions Judge, Court No. 11, Meerut.

The F.I.R. in the case was lodged by the present applicant. He filed an application before Additional Sessions Judge, Meerut for transferring the case to some other Court from the Court where it is pending, which the Sessions Judge declined.

That is what being the applicant here in this transfer application.

Heard Sri V. P. Shukla, advocate for the applicant, Sri B. S. Khokhar, advocate for opp.-party No. 2 and Sri Sanjay Sharma, Addl. Government advocate for the State.

There are two grounds of complaint on which the transfer is sought :

(i) that the Court is fixing very early dates for examination of prosecution witnesses, and issued warrants for their appearance on the slightest provocation, and witnesses are scared ;

(ii) that the pairokars of the accused have declared in the village that they have settled the matter with the Judge, who is going to release them on bail and to acquit them.

Both these grounds are flimsy and unsusbstantial. The trial Judge is justified in accelerating the progress of the case, because, the accused are in jail for last two years, and any annoyance on this score is wholly misplaced and futile.

As regards, the contention that pairokars of the accused have declared in the village, that matter has been settled with the Judge, such baseless allegations cannot constitute a valid ground for transfer. These are kind of allegations, which any body can make at any time, and they cannot be accepted, unless there is substantial evidence, for the same.

The learned Sessions Judge was right in rejecting the transfer application.

Application dismissed.